Terms of Use

Version 1.0 - Revised: December 17, 2018

1. Overview

1.1

The websites, social media websites, software, modules and courses (provided online or otherwise), applications and/or plug-ins and associated services of Church Social including the URLs https://churchsocial.com, https://app.churchsocial.com (collectively the “Website”), and any other webpages, subdomains, variants that link or refer to these Terms of Use (collectively, the “Services”) are owned and operated by Church Social (“Church Social”). These Terms of Use (“Terms”) govern your access to and use of the Services.

1.2

The Services are a platform through which Church Social provides Church leaders, administrators, congregants, and other authorized members (collectively, “Users”) church management software that helps active congregations manage member information, share resources and communicate more effectively through digital means including through tracking and storing member information, generating statistics, and organizing church groups. Through the Services, certain users can create Church Accounts to access the Services and can create accounts on behalf of others (“User Accounts”).

1.3

Please read these Terms carefully. By accessing the Website or using the Services, you agree to and are bound by the Terms and any modified or additional terms that Church Social may publish from time to time. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and affirm that you have the authority to bind that organization with respect to these Terms. In that case, references to “you”, “your” and “User” will refer to that organization. If you do not agree to all of the Terms, do not access or use the Services.

1.4

Church Social will use and protect your personal information, such as your name, email address, user name, and postal address, in accordance with the Church Social Privacy Policy, the contents of which are incorporated by reference into these Terms.

1.5

Church Social may modify, replace, or discontinue the Website or the Services or any part thereof at any time, for any reason, with or without notice to you, in Church Social’s sole discretion. This includes Church Social modifying, adding to, stopping, or otherwise altering or substituting features, functions or services of the Services provided on the Website with equivalent or otherwise comparable features, functions or services.

1.6

Church Social may change these Terms from time to time at Church Social’s sole discretion, with or without notice to you. Your continued access to the Website or use of the Services constitutes your acceptance of such changes. Your use of the Services will be subject to the current version of the Terms posted on the Website or in another location at the time of such use. Breach of any of these terms will entitle Church Social to revoke your permission to access or use the Website or the Services.

1.7

These Terms are effective upon your Acceptance as set forth under Section 1.4 above and continue in effect until terminated.

2. The Services

2.1

Church Social grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services.

3. Termination by Church Social; Termination by You

3.1

Church Social reserves the right, in its sole discretion to determine whether use of the Services violates these Terms for any reason.

3.2

Church Social may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in Church Social discretion, without prior notice or liability to you:

for your violation or breach of these Terms;

for your use of the Services restricts or inhibits any other person or entity from using or enjoying the Services;

for your misuse or abuse of the Services; or

if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Church Social to legal liability.

3.3

You agree that Church Social shall not be liable to you or any third party for any such termination of your ability to use or otherwise access the Services.

3.4

You may terminate your agreement with these Terms at any time by instructing Church Social in writing to disable any password assigned to you for the Website and by discontinuing all use of the Services.

4. Administrator, Church Accounts, User Accounts and User Content

4.1

Through the Website, certain Users (called “Administrators”) can create accounts on behalf of a church group (“Church Accounts”). Administrators are granted additional privileges including the ability to create accounts on behalf of members of their congregation (“User Accounts”), provide membership information on behalf of other Users and third parties, grant access to additional functionalities of the Services and the ability to grant other User Accounts access to additional functionalities of the Services.

4.2

Through the Website, you are able to become a Registered User or Administrator and have access to a Church Account or User Account. A Church Account is stored information provided by an Administrator that Church Social keeps and includes data about the congregation provided by an Administrator. A User Account is stored information that Church Social keeps on individual Users that details their viewing preferences, activities, and interactions and through which they can access the Services including information provided by an Administrator. To access the Services, you will need to have a User Account.

4.3

Certain Users may be authorized to submit user content as part of accessing the Services, including but not limited to photos, vectors, audio recordings, words, images or other content (collectively, “User Content”). By submitting User Content, you grant to Church Social a worldwide, non-exclusive right and license to copy and reproduce the User Content submitted by you for the sole purpose of organizing the User Content and reproducing it within the Website. You also acknowledge that other Users of the Services, may copy, reproduce, publicly display, communicate to the public, and create derivative or new works incorporating the User Content submitted by you.

4.4

Your copyrights in all User Content you submit continues to belong to you. Nothing in this Agreement shall be taken to transfer any copyrights to Church Social. Should any derivative or new works be created based on or incorporating the User Content, all rights in the User Content shall continue to be owned by you.

4.5

Nothing in this agreement is to be taken as a waiver of any moral rights that you may have in the User Content. Other users of the Website may be required to provide credit or attribution to you and/or to Church Social as the author or source of the User Content under certain conditions. Church Social cannot guarantee such credit or attribution and Church Social will not be held liable if such credit or attribution is not provided.

4.6

By submitting User Content, you grant Church Social permission to add, modify or remove information, including without limitation, metadata, keywords, or associated titles, related to your User Content in order to manage the User Content.

4.7

By submitting User Content, you expressly consent to the Church Social Privacy Policy, which is incorporated by reference and which can be found here.

4.8

Church Social is not liable for User Content. Church Social reserves the right to accept or reject any User Content submission at its sole discretion, and to reject any previously accepted User Content at any time for any reason, including but not limited to:

Church Social’s belief that the submission of the User Content does or would subject Church Social to legal liability due to fraud, intellectual property infringement, or the violation of rights of third parties;

the submission of the User Content violates the terms of this Agreement;

the breach by a User of any agreement with Church Social including this Agreement; or

the User Content may reasonably be seen as defamatory, obscene, or violent.

4.9

Administrators can remove User Content and can terminate Church Accounts. Users can also request that their User Accounts be terminated or modified by making a request to an Administrator. Upon termination of a Church Account, Church Social shall remove all data within the Church Account including User Accounts and User Content associated with that Church Account. Users may also request an Administrator limit the visibility or use of data associated with their User Account to other Users or as part of the Services.

4.10

Upon termination of a User Account by an Administrator, Church Social shall remove from its systems any User Content associated with the User Account. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.

5. Warranties regarding User Content

You warrant that:

5.1

The User Content does not infringe upon any third party copyright, trademark, moral right, intellectual property rights, or other rights of any kind.

5.2

Any grant of a Licence by Church Social shall not infringe the rights of any third party including, but not limited to infringement of copyright, trademarks, moral rights, privacy rights, image rights, rights of publicity, and defamation.

5.3

You hold all permissions needed for personal and commercial use by third parties of the User Content including, but not limited to Releases from any person, subject or owners of property depicted in the User Content, and/or persons on whose behalf the User Content may have been created.

5.4

The User Content was not created in violation of any law or in a location where the creation of images, video, or other media is forbidden.

6. Payment

6.1

All Services which can be accessed or are available on the Website or otherwise and all transactions conducted in conjunction therewith are subject to and governed by these Terms. By accessing the Services through the Website or otherwise, you agree to these Terms.

6.2

Church Social reserves the right to cancel any transaction if Church Social believes the transaction violates these Terms, or if Church Social believes doing so may prevent financial loss and will issue a refund (as applicable) and notify you of the reasons.

6.3

When you access the Services, you (or a representative) agree to pay for the Services that you access. Payment may be made by cash or cheque separate from the Website. Payment may also be made via third party payment platforms at Church Social’s sole discretion.

7. Refund Policy

7.1

Church Social does not provide refunds for previous access to the Services. If an error or incorrect payment has occurred please contact [email protected] and we will refund as appropriate. Administration fees will not be refunded.

8. Warranties & Disclaimers

8.1

Church Social provides the Services on an “as is” and “as provided” basis. All warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of rights of others, are expressly excluded and denied.

8.2

Any warranty not expressly contained or set forth in these Terms shall not be inferred, expressed, contained or created by any information or advice from Church Social, whether written or oral.

8.3

Church Social takes commercially reasonable precautions, including data backup processes and redundancy systems to protect and safeguard data associated with Church Accounts, including User Accounts and User Content. However, Church Social assumes no liability for the timeliness, deletion, failure to store or back-up, or mis-delivery of any communication or User Content by any party, or for any personal settings.

8.4

Church Social assumes no liability for any damages, losses, injury or harm caused to you or any other person as a result of your use of the Services, including without limitation any damages, losses, injury or harm that may be caused by any other person through the intermediary of the Services, any damages, losses, injury or harm that may result from any breach of security relating to personal or other information, any damages, losses, injury or harm that may result from any computer virus or other technical matter that arises through your use of or access to the Services.

9. Intellectual Property

9.1

All content on the Website and provided by Church Social as part of the Services, including but not limited to text, literary works, audio recordings, photographs, images, vectors, moving images, animations, films, videos, visual works or other content together with any associated keywords, metadata and/or titles (the “Content”), are protected by copyright, trademark, and other intellectual property laws. The Content and all intellectual property rights in or related to the Content are the property of Church Social.

9.2

Church Social Intellectual Property (IP) refers to the Content, and all of Church Social trade names, domain names and trademarks which include CHURCH SOCIAL, and the URLS www.churchsocial.com and www.app.churchsocial.com, and copyright in the Website, source code, compiled code, the look and feel of the Website including page headers, custom graphics, button icons, and scripts published on the Website. You agree not to challenge the validity or use of Church Social IP.

9.3

All other trademarks, product names, company names or logos used or appearing on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Church Social, unless expressly stated.

9.4

You acknowledge that these Terms do not grant you any rights of ownership or any permission to use Church Social IP without the prior written consent of Church Social. Any unauthorized use of any Church Social IP or the Services violates these Terms.

9.5

You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative or new works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website, or Content.

9.6

You agree that you will not use any of Church Social IP, or any trademarks, trade names or domain names confusingly similar to Church Social IP, to advertise or promote any products or services or as part of any trademark, trade name, social media handle, meta tag, keyword, or business name, without the prior written consent of Church Social.

9.7

You agree that you will not use Church Social IP in a manner which would be likely to depreciate the goodwill Church Social holds in its IP, or which would be unlawful, including, but not limited to, defamatory materials, or use in unsolicited electronic communications.

9.8

Church Social remains the sole owner of all right, title, and interest in Church Social IP and reserves all rights not expressly granted under these Terms.

10. User Permissions and Obligations

10.1

Subject to your compliance with these Terms, with any other agreement you may have with Church Social, and with any applicable laws, you may access and use the Services.

10.2

You agree not to register more than Church Account per church, or User Account per person unless authorized to do so.

10.3

You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative or new works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any Church Social Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website, User Content, or Church Social Content.

10.4

You may not remove any watermarks or copyright notices contained in the Content.

10.5

You agree that you shall not use the Website to engage in any conduct that shall constitute a violation of any law or that infringes the rights of Church Social or any third party.

10.6

You agree that you shall not engage in harassment, personal attacks, or abuse toward individuals or organizations.

10.7

You agree that you shall not use language that is discriminatory, hateful, or violent towards identifiable groups or that incites others to discriminate, practice hate or violence.

10.8

You agree that you shall not use the Website to seek to gain access to any portions of the Website you are not authorized to access, nor to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to Church Social. You shall not manipulate identifiers in order to create the impression that another person is accessing the Content nor shall you use the Website to either directly or indirectly interfere with, disrupt or damage the Website, the server(s) on which it is hosted, the networks connected to it or any other User’s access to the Website.

10.9

You shall not collect, post or store personally identifying information about other Users of the Website for any purposes unrelated to the Website or that are illegal or unlawful.

11. Infringement claims

11.1

If you believe that Church Social Content or User Content made available by Church Social infringes upon any copyright that you own or control, you may notify Church Social by contacting [email protected].

12. Disclaimer of Third Party Information

12.1

Church Social may provide third party content on the Website, whether in the form of links to web pages, advertisements, or other content of third parties (collectively the "Third Party Content"). Church Social does not monitor nor have any control over any Third Party Content or third party web sites. Any opinions, advice, statements, services, offers, posts, private messages, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not Church Social. Church Social does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content. If you access any third party website, service or content from the Website, you do so at your own risk and you agree that Church Social will have no liability arising from your use of or access to any third party website, service, or content.

12.2

Church Social may display advertisements from third parties on the Website or links to third parties or their products or services. If you choose to access such links or otherwise contact and/or conduct business with any such third party, any such access or business is solely between you and such third party. Church Social is not responsible for any aspect of any product, service or information offered by any such third party, nor is Church Social responsible or liable for any loss or damage incurred as the result of such dealings or promotions or as a result of such third party advertisements on the Website. If a dispute arises with any such third party, you release Church Social from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

12.3

You understand that Church Social does not endorse or warrant any particular content or information available via the Website or guarantee the accuracy, integrity or quality of such content or information available on the Website. Under no circumstances will Church Social be liable in any way for your use of the Website, including, but not limited to, any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use of any Content, emailed, transmitted or otherwise made available via the Website. You use the Website at your own risk.

13. Limitation of Liability

13.1

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services or access of the Content remains with you and you use the Services at your own risk. You agree that neither Church Social nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, punitive or consequential damages, including but not limited to loss of intellectual property rights, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or related to these terms or from the Services, or from the use of or inability to use the Services, or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Church Social has been informed of the possibility of such damage.

13.2

In no event will our aggregate liability, or that of our officers, directors, employees or agents, arising out of or in connection with these terms or from the Services, or from the use of or inability to use the Services, or access the Content exceed one hundred dollars ($100). The limitations of liability set forth above are fundamental elements of the basis of the bargain between Church Social and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.

13.3

The Services including the Website are provided by Church Social from its facilities in Canada. Church Social makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable national, state, provincial, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.

14. Indemnification

14.1

You agree to indemnify and hold harmless Church Social, its Contributors, its parents, subsidiaries, successors, assigns, and all employees, licensees and agents from and against any suits, claims, losses, demands, liabilities, damages, costs and expenses (including costs, reasonable lawyers’ fees and reasonable investigative costs) in connection with any suit, demand or action by any third party arising out of or in any way related to (i) your access to or use of the Services or Content; (ii) your breach of any of these Terms.

15. General Terms

15.1

There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties including by the submission of User Content.

15.2

These Terms shall be governed and construed in accordance with the applicable laws of Newfoundland and Labrador and Canada. The parties attorn to the jurisdiction of the Courts of Newfoundland and Labrador and the Federal Court in respect of the resolution of any dispute arising hereunder, should it become necessary.

Headings in these Terms are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.

15.5

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Enforcement of these Terms is solely in Church Social discretion, and failure to enforce these Terms in any instance does not constitute a waiver of our right to enforce it in other instances.

15.6

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, such provision is fully severable and the remaining provisions of these Terms shall remain in full force and effect.

15.7

Any controversy or claim arising out of or relating to this policy will be settled by binding arbitration in accordance with the commercial arbitration rules of the Alternative Dispute Resolution Institute of Canada. The arbitration must be conducted in Ontario, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Church Social may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario, Canada, as necessary to protect the rights or property of Church Social.

BY ACCEPTING THESE TERMS OF USE AND ACCESSING THE WEBSITE, YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE AND THAT YOU HAVE THE FULL RIGHT, POWER AND AUTHORITY TO BE BOUND BY THE TERMS DESCRIBED HEREIN ON YOUR BEHALF, OR ON THE BEHALF OF A COMPANY YOU REPRESENT, AND TO FULLY PERFORM THE OBLIGATIONS UNDER THESE TERMS OF USE.